Terms & Conditions
PLEASE NOTE THAT BY USING THE SERVICES PROVIDED IN THIS SITE YOU SIGNIFY YOUR ACCEPTANCE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IT IS THEREFORE IMPORTANT THAT YOU CAREFULLY READ THESE TERMS AND CONDITIONS. YOU MAY ALSO SEEK INDEPENDENT LEGAL ADVICE ON THE SAME.
Davis & Shirtliff Ltd is, a public limited liability company incorporated in Kenya of Post Office Box 41762-00100 Nairobi, Kenya .Buyers who would like to buy the products listed on the Davis & Shirtliff Ltd platform must accept the Terms and Conditions that the Davis & Shirtliff Ltd has set out separately in this site.
Identity and Contractual Capacity
- By using this service, you represent that you have disclosed your true identity or that of your organization.
- If you are using this service on behalf of an organization, you represent that the said organization is duly and legally recognized under the relevant laws and that you have been duly authorized to transact on behalf of the said organization.
- By using this service you represent that you or your organization has the legal capacity and/or authority to enter into contracts.
- We shall not be liable in the event that you or your organization lacks the requisite legal capacity and/or authority to do transactions on Davis & Shirtliff Website.
- We shall not be liable for contracts concluded with children under the age of Eighteen (18) years or persons of unsound mind.
- A user account is required to purchase online. However, a guest account is availed in event you don’t have a user account.
- To create an account, the following information is required: Name, email address and Postal address
- When you register to use the site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately (see below for contact details).
- We will not be liable for any losses, expenses or damages you suffer, or third party claims made against you, which arise from your having disclosed your username and/or password to a third party.
- If Davis & Shirtliff has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
- Davis & Shirtliff reserves the right to deny you a User Account, or to deny you access to certain or all of the services available to Users via the Site, for any reason in its sole discretion deems fit, including but not limited to breach of these terms and conditions, suspected fraudulent activities, security breach, misuse of the Services and or failure to take delivery of goods.
By registering you shall constitute a warranty that you are the owner of the email address used in the registration process and that all the details supplied are accurate. You agree to indemnify us, and any third party claiming against or through us, from any loss incurred in relation to breach of these warranties. Please note that your account details are confidential and should not be disclosed to other people.
Order Process – Order for delivery
You will have an opportunity to check and correct any input errors in your order until you click the checkout button.
- On placing an order the total purchase price, including VAT and Delivery charges will be displayed in the shopping cart prior to confirming the order
- The order will be confirmed on receipt of payment at which point the purchase contract will be made.
- When deciding whether or not to accept your order we may use certain information about you, including any received from credit reference agency or other agencies. In particular, we may pass your details to a Credit Reference Bureau for them to check against certain public and private databases. We may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions.
- We will tell you if your payment details cannot be authorized for any reason and may invite you to pay by another method.
- It is your responsibility to check the current price before placing an order as prices are always up to date on the Website, written notice may not be provided for price changes
- Your order shall be serviced by the specific branch from which goods are ordered and MUST be picked from the specific branch within 14 days of placing and paying for the order.
- When picking the goods you will be required to provide your National Identity card or passport or driving as proof that you are the purchaser of the goods or the person for whom the goods were purchased.
- Where applicable goods shall be delivered to the address provided on ordering the goods. Please ensure that the address on your order is correct.
- You will be required to sign proof of delivery on receipt of the goods as assurance that goods have been received in good condition.
- Your account shall be suspended in cases of misuse, fraud, failure to pay for orders.
Items sold on this website are generally intended for normal domestic and consumer use and not for resale or commercial use. We reserve the right to refuse access to this website, to remove or edit content, or to refuse or cancel orders at our discretion. If we cancel an order, it will be without charge to you, and we will reimburse any payment made by you.
Prices and Payment
- All prices and charges on this site are in Kenya Shillings (KSH). They include any VAT payable, but exclude delivery charges.
- The total cost of your order will be the price of the products you order, any additional services you choose (e.g. installation), plus any applicable delivery charge. All these will be set out clearly in your Shopping Basket/cart before you submit your order.
- The total cost of your order will be 1.5% higher if you use Pesa Pal as your payment method.
- Purchase of goods above Ksh. 20000 will require identification.
- Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative.
- We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
- For delivery items we accept payment by MasterCard, Visa, MPESA or Jambo Pay. Payment is deducted when we process your order.
Missing, Damaged or Incorrect Orders
- We try very hard to ensure that you receive your order in pristine condition. If you do not receive all your products, please inform us immediately by phone call at the time of delivery. If you have any dispute after delivery, please e-mail us at Email: firstname.lastname@example.org or telephone +254 020-6968 000
- PLEASE NOTE THAT NOT ALL GOODS ARE RETURNABLE AND ITEMS MUST BE RETURNED IN THE ORIGINAL MANUFACTURER’S PACKAGING.
- Email: email@example.com to find out the list of exceptions and for instructions on how to return certain types of items.
- Items purchased must be returned to the branch from which they were ordered within 7 days of delivery or pickup.
Mode of Communication
- By using this service you agree to the mode of communication is electronic and in particular through the internet. You agree that any communication either from you or us shall be electronic and in particular through the internet.
- You agree that any agreements, contracts and/or other correspondence pertaining to the said agreements or contracts shall be electronic/internet-based. Any legal requirement as to form, for example, the requirement that the agreements or contracts be in writing, shall be deemed to be satisfied by the conclusion of the said agreements or contracts electronically through the internet, unless the specified otherwise by the relevant law.
Licence and Access
- Provided that you abide by the provisions of these Terms and Conditions including payment of any applicable fees we grant you a limited, non-exclusive, non-transferable, non-sub licensable licence to access and make personal and non-commercial use of the services herein.
- This licence does not include any resale or commercial use of any of our services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any our services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Site Usage and Confidentiality
- You agree to use your account maintained with us in a responsible manner and not operate it a way that contravenes applicable laws and as such we reserve the right to decline delete amend or edit any information that may be contrary to any law or the terms of usage of this service without any reference to you.
- You represent and warrant that you have rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable law.
- You agree to use your account in a confidential manner and keep your password and any other personal and secret information secure. You should therefore take all the necessary steps to ensure that your password and personal information are not disclosed to unauthorized persons.
- You should ensure that the information disclosed to us is correct and complete and any change thereto be communicated to us.
- We shall not be liable for any omission to use your account in a confidential, responsible and lawful manner as stated herein.
- You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with the content and material you supply.
- You may post reviews, comments; send e-cards; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
- If you post content or submit material, and unless we indicate otherwise, you grant us or our sublicensees: (a) a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents, at our request.
- This website contains logos, names, brands, words, phrases, symbols, designs, images, graphics, page headers, button icons, scripts, service names etc or a combination of the foregoing elements that are distinctive and are used in respect of this service and belong to either us or other third parties who use this portal (collectively known as “Trade Marks”) and are protected by the applicable local as well as international laws.
- The Trade Marks may not be used in respect of products or services that do not belong or authorized by us or third parties or in manner would lower the image of the respective Trade Mark owner’s products or services.
- The contents of this website, including softwares, text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations made available herein or any other product or service are either our copyrights or those of our affiliates, or third parties transacting on Davis & Shirtliff and are duly protected by applicable local as well as international laws.
- You may not extract and/or re-utilise parts of the content of this website or products or services hosted in this website without our express written consent or the respective third parties.
- Unless express authority is given you may not incorporate any portion of any software found on this site into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license software or otherwise assign any rights to the software in whole or in part
- You may not circumvent, manufacture or distribute devices which are primarily designed or produced for the purpose of circumventing technical measures designed to protect the copyrights.
- You may not remove or alter any electronic rights management information; or distribute, broadcast or make available to the public, protected works, records or copies from which electronic rights management information has been removed or has been altered without our express authority or that of respective third parties
- You may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of this website, without our express written consent of Davis & Shirtliff Limited.
- You may not create and/or publish your own database that features substantial parts our services (e.g. our prices and product listings) without our express written consent.
Patents, Utility Model or Industrial Designs
- This site may disclose processes or products which are inventions that are our patents or patents of our affiliates, or third parties transacting on this site and are duly protected by applicable local as well as international laws.
- This site may disclose any form, configuration or disposition of element of some appliance, utensil, tool, electrical and electronic circuitry, instrument, handicraft mechanism or other object that are our utility models or those of our affiliates, or third parties transacting on this site and are duly protected by applicable local as well as international laws.
- This site may disclose any composition of lines or colours or any three dimensional form, whether or not associated with lines or colours object that are our industrial designs or those of our affiliates, or third parties transacting on this site and are duly protected by applicable local as well as international laws :
- You may not make, import, offer for sale, sell or stock such product for the purposes of offering it for sale, selling or using the product pertaining to the patent, utility model or industrial design without our express authorization of or that of our affiliates, or third parties transacting on this site.
- Save for any liability imposed by applicable Kenyan statutory laws on Davis & Shirtliff , neither Davis & Shirtliff nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Davis & Shirtliff makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to Email: firstname.lastname@example.org
- Although the Products you purchase may be under warranty, the Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
- Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Davis & Shirtliff and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
- The information contained in this website is for general information purposes only. The information is provided by Davis & Shirtliff and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Through this website you may be able to link to other websites which are not under the control of Davis & Shirtliff . We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Every effort is made to keep the website up and running smoothly. However, Davis & Shirtliff takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Limitations of Liability and Force Majeure
- In as much as we shall endeavor to ensure that our services are available and accurate, we cannot guarantee the availability or accuracy of the same because of factors beyond our control pertaining to Internet and given the routine or occasional need to maintain, repair or improve this website, the services may be temporarily interrupted or unavailable.
- We shall not be liable in respect of any delay in performing or failure to perform any of our obligations hereunder if such delay or failure results from (i) acts or intervention of Government or Government agencies, (ii) fire, flood or explosion, (iii) Act of God, (iv) declared or undeclared war, or riots or civil commotion, (v) strikes or other industrial disputes, (vi) any act neglect or default of the other Party, or (vii) any cause outside our reasonable control.
If you breach any of these terms and conditions, no failure or delay by us in exercising any claim, remedy, right, power or privilege shall operate as a waiver nor shall any single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereof or the exercise of any other claim, right or power.
Any provision of these Terms and Conditions which is or may become illegal, invalid or unenforceable, shall be severed from the balance of the Terms and Conditions without invalidating the remaining provisions or affecting the validity or unenforceability of such remaining provisions
Amendments or Variations
We reserve the right to amend or vary any provision of these Terms and Conditions at any time. Any such amendment or variation shall be binding on you as at the time they are posted on this site.
Governing Law and Jurisdiction of Courts
The interpretation, construction and performance of these Terms and Conditions shall be governed exclusively by Kenyan law and you expressly submit to the exclusive jurisdiction of the Kenyan Courts.